Operation Autumn Leaves

[On this date in 1988 the German police arrested seventeen men at Neuss in operation “Autumn Leaves” (Herbstlaub). What follows is excerpted (with citations removed) from the relevant article in Wikipedia:]

For many months after the bombing, the prime suspects were the Popular Front for the Liberation of Palestine—General Command (PFLP-GC), a Damascus-based rejectionist group led by former Syrian army captain Ahmed Jibril, sponsored by Iran. In a February 1986 press conference, Jibril warned: "There will be no safety for any traveler on an Israeli or U.S. airliner" (Cox and Foster 1991, p28).

Secret intercepts were reported by author, David Yallop, to have recorded the Iranian Revolutionary Guards (Pasdaran) in Baalbeck, Lebanon, making contact with the PFLP-GC immediately after the downing of the Iran Air Airbus. Israeli intelligence (Mossad) allegedly intercepted a telephone call made two days after PA 103 by Mohtashemi-Pur, Interior Minister in Tehran, to the chargé d'affaires at the Iranian embassy in Beirut, instructing the embassy to hand over the funds to Jibril and congratulating them on the success of "Operation Intekam" ('equal and just revenge'). (...)

Jibril's right-hand man, Hafez Dalkamoni, set up a PFLP-GC cell which was active in the Frankfurt and Neuss areas of West Germany in October 1988, two months before PA 103. During what Germany's internal security service, the Bundesamt für Verfassungsschutz (BfV), called Operation Herbstlaub ('Operation Autumn Leaves'), the BfV kept cell members under strict surveillance. The plotters prepared a number of improvised explosive devices (IEDs) hidden inside household electronic equipment. They discussed a planned operation in coded calls to Cyprus and Damascus: oranges and apples stood for 'detonating devices'; medicine and pasta for 'Semtex explosive'; and auntie for 'the bomb carrier'. One operative had been recorded as saying: "auntie should get off, but should leave the suitcase on the bus" (Duffy and Emerson 1990). The PFLP-GC cell had an experienced bomb-maker, Jordanian Marwan Khreesat, to assist them. Khreesat made at least one IED inside a single-speaker Toshiba Bombeat 453 radio cassette recorder, similar to the twin-speaker model RT-SF 16 Bombeat that was used to blow up PA 103. However, unlike the Lockerbie bomb with its sophisticated timer, Khreesat's IEDs contained a barometric pressure device that triggers a simple timer with a range of up to 45 minutes before detonation.

Unbeknown to the PFLP-GC cell, its bomb-maker Khreesat was a Jordanian intelligence service (GID) agent and reported on the cell's activities to the GID, who relayed the information to Western intelligence and to the BfV. The Jordanians encouraged Khreesat to make the bombs but instructed him to ensure they were ineffective and would not explode. (A German police technician would however be killed, in April 1989, when trying to disarm one of Khreesat's IEDs). Through Khreesat and the GID, the Germans learned that the cell was surveying a number of targets, including Iberia Flight 888 from Madrid to Tel Aviv via Barcelona, chosen because the bomb-courier could disembark without baggage at Barcelona, leaving the barometric trigger to activate the IED on the next leg of the journey. The date chosen, Khreesat reportedly told his handlers, was October 30, 1988. He also told them that two members of the cell had been to Frankfurt airport to pick up Pan Am timetables.

Acting upon this intelligence, the German secret police moved in to arrest the PFLP-GC cell on October 26, raiding 14 apartments and arresting 17 men, fearing that to keep them under surveillance much longer was to risk losing control of the situation. Two cell members are known to have escaped arrest, including Abu Elias, a resident of Sweden who, according to Prime Time Live (ABC News November 1989), was an expert in bombs sent to Germany to check on Khreesat's devices because of suspicions raised by Ahmed Jibril. Four IEDs were recovered, but Khreesat stated later that a fifth device had been taken away by Dalkamoni before the raid, and was never recovered. The link to PA 103 was further strengthened when Khreesat told investigators that, before joining the cell in Germany, he had bought five Toshiba Bombeat cassette radios from a smugglers' village in Syria close to the border with Lebanon, and made practice IEDs out of them in Jibril's training camp 20 km (12 mi) away. The bombs were inspected by Abu Elias, who declared them to be good work. What became of these devices is not known.

Some journalists such as Private Eye's Paul Foot and a PA 103 relative, Dr Jim Swire, believed that it was too stark a coincidence for a Toshiba cassette radio IED to have downed PA 103 just eight weeks after the arrest of the PFLP-GC cell in Frankfurt. Indeed, Scottish police actually wrote up an arrest warrant for Marwan Khreesat in the spring of 1989, but were persuaded by the FBI not to issue it because of his value as an intelligence source. In the following spring, King Hussein of Jordan arranged for Khreesat to be interviewed by FBI agent, Edward Marshman, and the former head of the FBI's forensic lab, Thomas Thurman, to whom he described in detail the bombs he had built. In the 1994 documentary film Maltese Double Cross, the author David Yallop speculated that Libyan agents and agents paid by Iran may have worked on the bombing together; or, that one group handed the job over to a second group upon the arrest of the PFLP-GC cell members. The former CIA head of counter-terrorism, Vincent Cannistraro, who previously worked on the PA 103 investigation, was interviewed in the film and said he believed the PFLP-GC planned the attack at the behest of the Iranian government, then sub-contracted it to Libyan intelligence after October 1988, because the arrests in Germany meant the PFLP-GC was unable to complete the operation. Other supporters of this theory believed that whoever paid for the bombing arranged two parallel operations intended to ensure that at least one would succeed; or, that Jibril's cell in Germany was a red herring designed to attract the attention of the intelligence services, while the real bombers worked quietly elsewhere.

US hounds accusers over claims of Lockerbie crash cover-up

[This is the headline over an article by Ambrose Evans-Pritchard that was published in issue 688 of the Electronic Telegraph on this date in 1997. As reproduced on the website DCDave.com it reads as follows:]

The US Justice Department appears to be waging a campaign of persecution against those who have challenged the official explanation of the Lockerbie disaster.

The FBI has used its immense power to sift through the background of whistle-blowers, investigators, and their employers, searching for vulnerabilities that could be exploited in a criminal prosecution.

The chief targets have been those who allege that the bombing of Pan Am 103, which took 270 lives on Dec 22, 1988, was an Iranian-Syrian plot that exploited a security breach in a bungled CIA operation. The US government says this is a conspiracy theory cooked up by the US Aviation Insurance Group (USAIG), the underwriters for Pan Am, to try to avoid liability for up to $500 million in damages for families of the victims. Both the US and British authorities insist that the bombing was the work of Libyan terrorists.

Insurance disputes of this kind are typically adjudicated in civil court. But the Justice Department began an extremely aggressive criminal investigation of Pan Am's lawyers and insurers. The investigation, begun in 1992, was unable to muster evidence of a conspiracy to obstruct justice in the Lockerbie case. But after broadening the scope of its inquiry the FBI managed to sustain a case of fraud against the former chairman of USAIG, John Brennan. This involved insurance claims over a 1987 crash of a USAir commuter plane. Brennan was convicted in July 1996. He is expected to be sentenced later this month. USAIG has accused the government of engaging in a malicious vendetta.

The Justice Department was less successful in its efforts to destroy Juval Aviv, an expert on terrorism employed by Pan Am's insurers to investigate the bombing. He was acquitted on federal charges of fraud last December after an ordeal lasting more than four years. Aviv, head of a New York security firm, Interfor, was indicted in 1995 for supposedly defrauding a client, General Electric, in a minor security contract involving a fee of $20,683.

But General Electric had never issued a complaint. FBI agents nevertheless visited Aviv's clients demanding files. They were the same agents, Chris Murray and David Edward, who had conducted the Lockerbie investigation. "The whole thing was obviously trumped up in revenge for his role in the Pan Am 103 disaster case," said a juror afterwards.

Aviv has now filed a claim alleging malicious prosecution, violation of constitutional rights, and the launch of a campaign to discredit him "in retaliation for his report to Pan Am".

It was Aviv's report in 1989 that first sketched the outlines of a cover-up. He claimed that a rogue CIA unit had allowed a Syrian drug ring to smuggle heroin on Pan Am flights from Frankfurt to New York. He said this was to gain help in the release of US hostages in Lebanon. But the operation was penetrated by Iranian-backed terrorists who exploited the Pan Am channel to plant a bomb on flight 103.

"Aviv stirred up a lot of trouble, playing on the emotions of the families," said Vincent Cannistraro, former chief of counter-intelligence for the CIA. "He goes around saying that he used to be a member of Mossad, but the office of the Israeli prime minister has written a letter denying it. The man's a fraud."

But documents introduced at his trial paint a more complex picture. An internal FBI memo, marked secret, confirmed his "past association with the Mossad". Other documents corroborated his claim to have served as a security consultant to the FBI, Secret Service and other US agencies. Aviv believes that he was indicted in 1995 to destroy his credibility just as claims of a Lockerbie cover-up were gathering momentum. A film that supported his theories, The Maltese Double Cross, was about to be shown in Britain for the first time. It was never broadcast, but families of the victims had a private screening.

The US embassy in London, joined by the Crown Office, went on the offensive, calling him a "fabricator ... recently arrested in the US for defrauding an American company".

The same treatment was meted out to another source for the film, Lester Coleman, who had worked for the US Defense Intelligence Agency. The embassy said he was "a fugitive from justice, wanted in the US for perjury related to the Lockerbie case and for passport fraud".

Coleman was indicted in 1993, four days before the British launch of his book, Trail of the Octopus - still unpublished in the US - confirming that the American government was indeed running "controlled" heroin deliveries from Lebanon on Pan Am flights out of Frankfurt.

He returned to the US from exile in Sweden last year to clear his name and now awaits trial in New York. The US government's actions clearly indicate that something is amiss in the Lockerbie case. Fabricators are usually ignored, so perhaps it is time to pay closer attention to the charges of Juval Aviv, Lester Coleman, and apostles of the "Syrian Connection".

Getting to the truth about the Lockerbie disaster

[What follows is the text of a letter from Dr Jim Swire that was published in The Herald on this date in 1998:]

Mr [Philip] Mulvey's letter, Getting to the truth about the Lockerbie disaster (December 30 [1997]), raises important issues. We look hard and often at Langley (the CIA). They are heavily involved in linking the hard-won evidence from the crash site to ''items only available to Libya''.

Vincent Cannistraro, the head of Reagan's CIA unit charged with convincing the American public of Libya's total involvement in any terrorist outrage, was also put in charge of the CIA's input to the Lockerbie investigation.

The question of the baggage belonging to McKee and Gannon may well be crucial to understanding the motives for a major cover-up by US authorities. The removal of their possessions and the activities of ''American agents'' with their white helicopter(s) were a factor which helped draw Tam Dalyell, MP, into this tragedy in the first place.

Mr Mulvey may also be aware of the strange case of Police Surgeon David Fieldhouse. He found, and certified death in, a number of bodies before the site was fully organised and before the helicopters had left.

Later it transpired that among the bodies he found were those of McKee and Gannon. His meticulous records show one more body in that immediate area which was never recorded in the police data. Were there in fact 271 killed, not 270, and if so who was the missing person? The discrepancy has never been explained.

It would seem likely that the answer to this mystery could indeed only come from Langley, that both Dr Fieldhouse and the police got their counts correct, and that those in the ''unmarked helicopters'' removed one body, as well perhaps as other ''evidential material''.

One would have thought that the Crown Office would have done everything possible to provide an answer to this part of the riddle, which occurred on their patch. It might well be crucial to understanding the American actions.

[Philip Mulvey’s letter contains the following:]

With respect to Mr Dalyell, Dr Jim Swire, whose daughter died in the crash and who speaks for the victims' relatives, and your front-page report, may I suggest that people trying to get to the truth are facing the wrong way? (...)

They should ask why, in the aftermath of the crash, when a ban on all but military helicopters was imposed, was an - unmarked - white civilian helicopter able to hop from field to field looking for a specific piece of luggage? And why, when Pan Am was trying to be as unhelpful as possible to the press, were there so many of its ''staff'' in Lockerbie, wearing company baseball hats, who seemed to know little about the company - and less about planes?

Please be assured I am not a conspiracy theorist, nor an Internet anorak - just a reporter who seems to be putting the two and two together that others are starting to do as well.

[What follows comes from the obituary of Philip Mulvey published in The Herald on 5 September 2002:]

Scottish journalism has lost a unique talent with the tragically early death of Phil Mulvey at 45. (...)

In 1978 he moved to the Aberdeen Evening Express, then regarded by Fleet Street as one of the best training grounds in the UK for talent. By1984 he was off again, this time to achieve his schoolboy ambition of working on the Daily Record.

He shone there, but was particularly remembered for his superb coverage of the Lockerbie disaster inquiry. His skill at taking such a complex issue and turning it into a ''good read'' without deviating from the facts was hugely admired by all, including the advocates and families of the victims.

A gaping hole

[On this date in 2007 I posted an item on this blog which reads in part:]

I have often on this blog had occasion to bemoan the apparent blindness of the mainstream media and commentators in the United States to the shakiness of the conviction of Abdelbaset Megrahi, to the weakness of the evidence on which it was based and to the fact that it has now been referred back to the High Court by the Scottish Criminal Cases Review Commission because there may have been a miscarriage of justice. It is with great pleasure, therefore, that I draw attention to an article on the Congressional Quarterly website, CQ Politics by their National Security Editor, Jeff Stein. In this article, he outlines the problems with the official US/UK version of events and explores the most compelling of the alternative scenarios, with quotes from US security and intelligence operatives who doubt the official version. A welcome transatlantic breath of fresh air.

[Mr Stein’s article no longer appears on the CQ Politics (now Roll Call) website. However, it is to be found at other locations, including Ed’s Blog City. It reads as follows:]

Libya is close to getting off the hook for millions of dollars in payments to relatives of the 189 Americans who died in the bombing of Pan American Flight 103, amid a stiff new challenge to the 2001 verdict and rapidly warming relations between the erstwhile terrorist state and Washington.

It was 19 years ago this weekend that the airliner, bound from London to New York with 259 passengers, 189 of them Americans, exploded in the night skies over Scotland, killing all aboard as well as 11 residents of Lockerbie, the village where the fiery chunks of steel and other debris came crashing down.

A memorial service was planned for Friday at Arlington National Cemetery to mark the anniversary.

Back in 1988, Iran was immediately suspected of authoring the mass murder, in retaliation for the accidental downing of one of its own airliners by a US Navy warship in the Persian Gulf a few months earlier.

US intelligence agencies, in overdrive to find the culprits, quickly compiled evidence that the Popular Front for the Liberation of Palestine-General Command, or PFLP-GC, had carried out the plot on behalf of Iran and Syria. (The PFLP-GC was formed to opposed PLO leader Yassir Arafat’s movement toward detente with Israel.)

Nevertheless, on Jan 31, 2001, a panel of three Scottish judges found Abdel Basset al-Megrahi, officially the head of security for Libyan Airlines, guilty of carrying out the plot and sentenced him to life in jail. A Libyan co-defendant was set free.

Libya always denied any guilt in the crime, but agreed to compensate relatives of the dead to open the door for normal relations with the United States. It also agreed to compensate victims of the 1986 bombing of the LaBelle discotheque in West Berlin, a gathering place for US soldiers. Libya also denied complicity in that attack, which killed three and wounded scores more, but likewise agreed on compensation payments.

Megrahi, now serving a life sentence in Scotland, could be freed soon, British authorities hinted on Thursday, as part of a broad normalization of relations with Libya.

Only a day earlier, the Bush administration managed to stave off a congressional effort, led by Sen. Frank R Lautenberg , D-NJ, to deny it funds to build an embassy in Tripoli until Libya completed payments to the relatives of those who died on Pan Am 103.

While Lautenberg lost that battle, he and his allies in the House did manage to prohibit the administration from giving Libya any US aid until the payments are completed.

‘A Gaping Hole’

The ranks of critics of the 2001 verdict have steadily grown through the years.

Among them is Hans Koehler, the eminent Austrian jurist who was appointed by the United Nations to ensure the trial was conducted fairly.

“It is highly likely that the sentenced Libyan national is not guilty as charged and that one or more countries other than Libya, through their intelligence services and/or financial and logistical support for a terrorist group, may have responsibility for the crime,” Koehler said in a formal statement this year.

Likewise, Robert Black, the senior University of Edinburgh legal scholar who devised the trial of the Lockerbie defendants in the Netherlands under Scottish law, noted that the prosecution never produced any direct evidence tying the defendants to the bomb that brought the plane down.

It was entirely “circumstantial,” he said, based on a single computer print-out of a baggage manifest, which was contradicted by other evidence. “A gaping hole in the prosecution’s case,” he called it.

But more sinister factors were at work in the investigation, Black and other authoritative sources close to the case told me.

Black told me that he suspected Libya was framed to avoid a case that would hold Iran and Syria responsible.

The first Bush administration needed Syria to stay in the broad Middle East coalition that it was readying to oust Iraq’s troops from Kuwait.

“I have been told by persons involved in the Lockerbie investigation at a very high level, that a public announcement of PFLP-GC responsibility for the bombing was imminent in early 1991,”

Black told me, confirming earlier UK press reports. “Then suddenly, and to the mystification and annoyance of many on the investigation team, the focus of the investigation changed to Libya.”

Robert Baer, the former CIA officer who was based in Paris at the time and tracking Iranian terrorist operations, agrees.

Baer told me the Scottish commission reviewing evidence in the case was able to confirm that Iran and Syria paid the PFLP-GC to carry out the bombing.

Indeed, Vincent Cannistraro, who headed the CIA’s investigation of the crash, was quoted several times in 1989 blaming Iran, and right after the 1991 verdict he said it “was outrageous to pin the whole thing on Libya.” (Oddly, last week he told me the evidence “always pointed to the Libyans.”)

But Baer says, “Everybody” in US intelligence knew about “Iran’s intention to bomb an American airliner” in response to the downing of one of its own only months earlier.”

“We knew that,” Baer added. “We had that solid.”

The Defense Intelligence Agency also thought the Iranians paid the PFLP-GC to do it.

Patrick Lang, chief of the DIA’s Middle East section at the time, told me he “signed off” on the DIA’s conclusion that “The bombing of the Pan Am flight was conceived, authorized and financed by Ali-Akbar (Mohtashemi-Pur), the former Iranian minister of Interior.”

“The operation was contracted to Ahmad Jabril” [the head of the PFLP-GC] . . . for $1 million,” said the Sept 24, 1989, memo, first reported last week in a London tabloid. “The remainder was to be paid after successful completion of the mission.”

Lang said on Friday, “I still agree with that. We felt quite sure that this was a PFLP thing.”

“The CIA wouldn’t listen to that,” Lang added, because it couldn’t find proof of Iranian or Syrian complicity and was under immense pressure to solve the case.

Just last week, a Scottish newspaper, citing “sources close to the investigation,” recently cited specific transactions that the SCCRC allegedly had uncovered, including amounts and dates.

“This doesn’t exonerate Libya,” Baer cautioned. “Iran and Syria and Libya could have been working together.”

Plenty of Theories

Conspiracy theories have grown like barnacles on the much-questioned verdict, including far-fetched allegations of Israeli and even South African involvement in the crime.

On the Internet, some bloggers see the hand of the White House in the growing evidence of Iranian complicity in the Pan Am bombing, suggesting that the administration is further laying the groundwork for an attack on Iran.

The available evidence, however, suggests that the administration is primarily interested in getting Western companies’ access to Libya’s oil fields.

A particularly persistent rumor is that key witnesses were paid off by American intelligence to finger the Libyans.

Edwin Bollier, head of the Swiss company that was said to have manufactured the timer used to detonate the Pan Am bomb, has claimed variously that he was offered “bribes” by the FBI and CIA to finger Libya.

Bollier’s company did in fact supply the circuit boards to Libya, he admitted, but also East Germany, where the PFLP-GC had an office.

Since Bollier had ongoing business with the Qaddafi regime, his veracity has often been questioned.

In response to my query, a CIA spokesman ridiculed Bollier’s accusations that it offered or paid him anything.

“It may disappoint the conspiracy buffs, but the CIA doesn’t belong in your story,” he said, insisting on anonymity.

An FBI official, speaking on condition of anonymity, confirmed, however, that the bureau met with Bollier in Washington in 1991, but denied he was offered anything to implicate Libya.

In a formal statement, FBI spokesman Richard Kolko emphatically rejected any suggestions of a payoff.

“Any accusations that any witness was paid to lie are complete fabrications and these ridiculous statements should be immediately discounted as the untruths they are,” Kolko said. “That is not the way the FBI operates.”

Likewise, allegations have persisted that Tony Gauci, a shopkeeper on Malta who testified, in spite of contrary evidence, that he sold Megrahi clothing that ended up in the suitcase bomb, was paid to finger the Libyans.

But Gauci was paid approximately $2 million from the State Department’s USA Rewards program, an authoritative source told me, along with another, still unidentified witness.

Together, they were paid somewhere between $3 million and $4 million for information leading to the conviction of Megrahi, the source said.

The State Department acknowledged to me that rewards were paid.

“A reward was paid out in the Lockerbie-Pan Am 103 case,” a spokesperson there said on condition of anonymity, “but due to operational and security concerns we are not disclosing details regarding specific amounts, sources, or types of assistance the sources provided.”

Freeing Megrahi

All this — and much more questionable evidence related to the electronic timers and witnesses — may soon be moot.

A British Ministry of Justice spokeswoman confirmed on Thursday that Foreign Minister Jack Straw had been in contact with Scotland’s justice minister, Kenny MacAskill, about a deal that would send Megrahi back to Libya.

Such a move could well make irrelevant a Scottish appeals court’s expected judgment that a “miscarriage of justice” occurred in the case.

Reopening the investigation to present evidence of an Iranian/Syrian connection to the Pan Am bombing would be extremely difficult if not impossible, in the view of all observers.

The commercial pressure against such a move would be extreme. Western oil companies are eager to develop Libya’s reserves.

How this will affect Libya’s stalled payments to relatives of the Lockerbie and LaBelle discotheque victims is unknown, but if past patterns hold true, they cannot be optimistic.

In July 2006, a lawyer for the LaBelle families was about to finalize a deal with Libya when the State Department announced its intention to take Libya off the terrorist list.

The deal evaporated, said attorney Thomas Fay.

“They had made an offer and we accepted and at their request had every client execute release of claims forms” he told me by e-mail late Friday.

“In short, we were not close to a deal, we had made the deal,” Fay said. “They just refused to pay when they came off the terrorist list.”

“It is not difficult to achieve a conviction of the innocent"

[What follows is the text of an article by Steve James that was published on the World Socialist Web Site on this date in 2009:]

Leading British human rights lawyer Gareth Peirce has stated that, in her opinion Abdel Baset Ali al-Megrahi, the only man accused and convicted of the 1988 bombing of PanAm flight 103 over Lockerbie, Scotland, was framed.

Pierce has a long track record of defending those caught in the British legal system’s most notorious miscarriages of justice. Her clients have included the Birmingham Six, the Guildford Four and Judith Ward, all of whom were Irish people accused and wrongly convicted of IRA bomb attacks in the 1970s. More recently Peirce has taken up a number of high profile cases of individuals accused in the so-called “war on terror”, including the Tipton Three and Moazam Begg, held illegally by the US government in Guantánamo Bay. She has represented the family of Jean Charles de Menezes, an innocent man shot dead by British police in Stockwell underground station in 2005.

Writing in the September edition of the London Review of Books, Peirce, of the law firm headed by Benedict Birnberg, summarises some of the most concerning, and well known, aspects of the entire Lockerbie disaster in which 270 people died, and the subsequent investigation.

She points to the advance warnings of an attack on Pan Am flights from London, the role of the FBI and others who flooded the crash site, the lack of security on the site and tampered evidence, including moved bodies. She notes the initial trajectory of the investigation, which pointed to the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) acting on behalf of Iran having used a barometric bomb to bring down the 747. She also notes that a barometric bomb, one triggered by changes in air pressure, would have exploded only after PA 103 reached a certain height—some 38 minutes into the flight from Heathrow—precisely when the plane disintegrated.

She reviews the subsequent change in focus from Syria and Iran to Libya, which was in line with US foreign policy objectives at the time. Firstly, then US President George Bush, senior, instructed then UK Prime Minister Margaret Thatcher to keep the Lockerbie investigation “low key” to assist hostage negotiations underway in Beirut. As a result, rather than a judicial inquiry and prosecution, a Fatal Accident Inquiry (FAI) with no powers of subpoena was held.

Then, following the Iraqi invasion of Kuwait in 1991, Iran and Syria both assisted the US invasion of Iraq. It was at this time that the focus of the Lockerbie investigation was shifted. Vincent Cannistraro, the architect of the Reagan administration’s CIA campaign of destabilisation against the Libyan government of Colonel Muammar Gadhaffi, was brought out of retirement to head the new line of investigation.

Peirce writes, “It is not difficult to achieve a conviction of the innocent. Over many decades several common factors have been identified, and the majority of them are present, centre stage, in this case: achieving the cooperation of witnesses by means of a combination of inducements and fear of the alternative (the tried and tested method of obtaining evidence for the prosecution on which many US cases rely); the provision of factual information by scientists where there is no proper basis for it (a recurrent theme in UK convictions as well as in the US); reliance on ‘identification’ evidence which is no such thing. Add to that the political will to achieve a prosecution, and the rest is easy”.

Abdel Baset Ali al-Megrahi and his co-accused, Llamen Khalifa Fhimah, were handed over by the Libyan government in 1999. The trial opened at a converted US airbase in the Netherlands in 2000. The indictment against Megrahi read that an MST 13 bomb timer was made in Switzerland, by MEBO AG, and sold exclusively to Libya. Identification of the timer rested on the efforts of Thomas Hayes and Alan Feraday of the Royal Armament and Development Establishment (RARDE), along with Thomas Thurman of the Federal Bureau of Investigation (FBI).

In 1997, following an investigation by the US inspector general, Michael Bromwich, Thurman was barred from being called as an expert witness. Bromwich described Thurman as “circumventing procedures and protocols, testifying to areas of expertise that he had no qualifications in...therefore fabricating evidence”.

Thomas Hayes claimed that on May 12, 1989, he found a fragment of circuit board in the collar of a shirt later traced to a Maltese shop. The fragment itself had been found in January 1989 by British police investigating the crash site.

Peirce states, “Even if one knew nothing of the devastating findings of the public inquiry in the early 1990s into the false science that convicted the Maguire Seven or of the succession of thunderous judgments in the Court of Appeal in case after case in which RARDE scientists had provided the basis for wrongful convictions, Hayes’s key evidence in this case on the key fragment should be viewed as disgraceful”.

“Hayes”, Peirce continues, “played his part in the most notorious of all, endorsing the finding of an explosive trace that was never there, and speculating that a piece of chalk mentioned to the police by Vincent Maguire, aged 16, and a candle by Patrick Maguire, aged 13, ‘fitted the description better’ of a stick of gelignite wrapped in white paper”.

Hayes’s information regarding this crucial piece of Lockerbie evidence was also flawed. Despite having carefully documented every other piece of evidence he found, Hayes had made no drawing of this particular item and had not assigned it a reference number on discovery. He had not carried out a test for explosives. Hayes said he had “no idea” when the pagination of his notes recording findings had been altered to include an additional page, and it was an “unfathomable mystery” as to why the alterations should have occurred.

Following an investigation into RARDE by Sir John May, Hayes resigned and is now reported to be working as a chiropodist.

Pierce then turns to the visual identification of Megrahi.

“Even if the science that convicted al-Megrahi had not offended against every minimum standard, then the second pillar of the prosecution case, his identification by Tony Gauci, the Maltese shopkeeper, would remain spectacular in its noncompliance with any safeguard”.

Pierce notes the numerous failings in the evidence provided by Gauci, his initial identification of Abu Talb, of the PFLP-GC, and reiterates the suggestion that Gauci was “handsomely rewarded” for his services.

She describes the verdict delivered in 2001 by three experienced judges, upheld later by five appeal court judges as “profoundly shocking”, and makes the following devastating assessment:

“Al-Megrahi’s trial constituted a unique legal construct, engineered to achieve a political rapprochement, but its content was so manipulated that in reality there was only ever an illusion of a trial”.

Peirce concludes that there is “pressing need to investigate in details how it has come about that there has been a form of death in this case—the death of justice—and who should be found responsible”.

Subsequent to Peirce’s comments, more revelations have emerged about the crucial piece of MST 13 circuit board. Following a Freedom of Information request raised by Scottish Nationalist Member of the Scottish Parliament Christine Grahame, the Scottish Crown Office has confirmed that evidence item PT-35, the piece of circuit board found by Hayes, was taken for examination to both Germany and the US. Graham claimed that this was done with the knowledge of the then chief prosecutor, Lord Fraser of Carmylie, who recently told a Dutch television company that he was unaware of the fragment’s movements.

Megrahi was released by Scottish Justice Secretary Kenny Macaskill in August, allegedly on humanitarian grounds. It occurred at a time when the Libyan government had made clear that, if the terminally ill Megrahi had been allowed to die in Greenock prison, British oil contracts would have been imperilled. In addition, Megrahi had agreed to drop a long delayed appeal against his conviction in order to secure his release.

The release triggered outrage from the US in particular and was attacked by President Barack Obama, US Secretary of State Hilary Clinton, the head of the FBI, and the US Joint Chief of Staff amongst many. Commentary went as far as suggesting that the so-called “special relationship” between British and US imperialism, and Scotland in particular, was imperiled.

All this has been forgotten. On September 21, US State Department spokesman Ian Kelly informed the world that the US had “deep abiding ties with Scotland”. Kelly continued, “We are very close allies, and I don’t think we’re looking to punish anybody per se. There’s no tit for tat here”.

Three weeks later, speaking before a meeting with UK Prime Minister Gordon Brown, Clinton stated, “I have a special relationship with the prime minister. And of course, I think it can’t be said often enough, we have a special relationship between our countries”.

What was said between the two regarding Lockerbie is not clear, but the meeting came immediately prior to the British government’s decision to send an additional 500 troops to Afghanistan. Brown has subsequently ruled out a public inquiry into the bombing, while the Scottish government have denied they had the power to hold an authoritative inquiry in the first place.

Clinton also called in the Libyan government, speaking for 15 minutes en route to Egypt with Libyan Foreign Minister and former intelligence chief Musa Kusa. According to US Assistant Secretary Philip Crowley, the two talked of “Sudan, Darfur, cooperation about terrorism and the possibility of advancing our relationship”.

Crowley claimed that Megrahi was not discussed, lamely stating that “the Libyans understand our concerns about Megrahi very, very well”.